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IN RE ROBERTS

Bankruptcy No. 82-01624G, Adv. No. 82-0974G.

27 B.R. 101 (1983)

In re Vivian ROBERTS, Debtor. Vivian ROBERTS, et al., Plaintiffs, v. The BELL TELEPHONE COMPANY OF PENNSYLVANIA, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 2, 1983.

Attorney(s) appearing for the Case

Michael Donahue, Chester, Pa., for debtor/plaintiff, Vivian Roberts.

Anne Marie P. Kelley, Richard J. Driscoll, Lawrence G. McMichael, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for defendant, The Bell Telephone Company of Pennsylvania.

Jonathan H. Ganz, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented by this class action complaint1 is whether section 366 of the Bankruptcy Code ("the Code") compels a utility company to turn on service immediately after an order for relief is entered and to then give the debtor twenty (20) days to furnish adequate assurance of payment where service to the debtor was terminated prior to the filing of the bankruptcy petition due...

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